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by glaucon 1548 days ago
I do not live in the USA so I'm woefully ignorant of US legal matters but how does a lawyer, having identified a breach of a federal law, then get a payment from the miscreant ? I mean the only way that comes to mind is to write to the offender saying "You're breaking the law but if you send me a cheque I won't tell anyone". For a lawyer in particular that doesn't strike me as a sustainable business activity !

So there's obviously something I'm missing here ... would you care to explain ?

2 comments

The lawyer needs to find a person that has suffered as a result in order for the suit to be valid. So they team up with someone who is unable to use the facility as a result of it not being compliant. They sue, and split the money. Often, all that is needed is for the lawyer to demand compensation since it is far easier and cheaper to just offer them a few thousand dollars to settle than it is to hire a lawyer and figure it out in court.

The ADA is interesting because, to my understanding, the law asks for ‘reasonable’ accommodation without defining what that is. So it leaves it to the courts to decide. It is reasonable that new building should be completely wheelchair accessible. But is it reasonable for architecturally or historically significant sites to be modified for wheelchair accessibility? That’s where the lawyers come in.

Punitive damages, I'd think. "you weren't compliant now you have to pay x. Because lawyer y brought the suit, that lawyer gets the money"